Victim impact report guidelines

Item type Article

Authors Byrne, Michael; Huges, Anya

Citation Volume 36, No. 1. November 2009

Publisher Irish Psychologist

Downloaded 30-Apr-2018 13:17:33

Link to item http://hdl.handle.net/10147/118066

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November 2009
Article
6ICTIM¬)MPACT¬
2EPORT¬'UIDELINES
Anya Hughes & Michael Byrne
Anya Hughes is a Research Assistant with Roscommon P.C.C.C., HSE West. Michael
Byrne is the Principal Psychology Manager and is also at Roscommon P.C.C.C.,
HSE West. Correspondence regarding this article may be addressed by email to
michaelj.byrne@hse.ie
T
he justice system has traditionally been
unsympathetic toward the plight of criminal
victims. Fortunately, several reforming legal
powers have gradually been introduced into the
sentencing process to enhance victims’ rights. For
example, victims across various jurisdictions are
now allowed to give evidence, in both capital and
non-capital cases, pertaining to the harm they have
endured as a result of indictable crimes (Myers
& Greene, 2004). Such personal accounts, often
referred to as Victim Impact Statements (VISs), have
been permissible in Ireland since 1993 and are now
considered an integral part of the country’s restorative
justice system (Guiry, 2006).
Tendering a VIS in court allows victims
to participate actively in court proceedings by
articulating the pain, anguish and devastation they
have experienced as a consequence of the crime in
question. Simultaneously, VISs aid criminal justice
personnel in their decision-making regarding
appropriate sentencing and entitled compensation.
While victims and/or their families are entitled to
provide VISs, it is common court practice to request a
Victim Impact Report (VIR) submitted by participating
professionals acting on their client’s behalf (e.g., social
worker, psychologist). The use of VIRs still provides
indirect participation, but enables victims to avoid the
distressing nature of having to personally recall their
harrowing experience in court, as VISs can themselves
be viewed as a form of re-victimisation. Furthermore, it
can be argued that professionals are better resourced
to report adequately the suffering of troubled victims
than the victims themselves, particularly psychologists
with access to standardised measuring instruments
and a thorough understanding of emotional trauma.
Unfortunately, the existence of Irish data pertaining
to the proportion of psychologists regularly engaged
in VIR write-ups is scarce, and we are not aware of any
formal training on offer regarding the formulation of
such. However, it appears that VIR write-ups have
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“...Victim Impact Statements
(VISs), have been permissible
in Ireland since 1993 and
are now considered an
integral part of the country’s
restorative justice system...”
come to form part of the job role of at least some
psychologists working in Ireland.
A number of jurisdictions now provide Victim
Impact (VI) templates to aid documentation (e.g.,
Texas, Minnesota). Although the particulars of such
templates may differ among jurisdictions, they typically
contain reference to the physical, psychological and
financial sufferings of the victim (Myers & Greene,
2004). Unfortunately, unlike jurisdictions where victim
evidence is a more established practice, no such VI
template exists within the Irish context. The absence
of such guidelines poses one major threat to the Irish
VI process. The courts will ignore VIR proceedings
if one is not submitted, and they will not be privy
to a crime’s impact during sentencing if there is no
evidence to review (Wells & Wendelborn, 2008).
If VIR information is inaccessible – or, in Ireland’s
case, non-existent – professionals may fail to reflect,
and thus report, their clients’ suffering adequately.
Likewise, a lack of appropriate recording material
may deflect some professionals from presenting such
statements. Consequently, our use of victim evidence
in this country may decline if suitable guidelines are
not constructed and made readily available (Wells &
Wendelborn, 2008).
Therefore, to address this oversight, the
authors wished to devise a set of proficient guidelines
with the purpose of aiding psychologists presenting
Volume 36, No. 1. Page 9
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a VIR in Irish courts. These parameters are based
upon existing templates from other jurisdictions. For
the purpose of this article, only general guidelines
pertaining to non-capital cases will be proposed.
However, the article will include recommendations for
how such a template may be altered in order to fit the
needs of capital cases, whereby the primary victim
is deceased, or for the needs of children submitting
victim evidence.
Procedure
Based on established instruments from other legal
systems, including models from American and
Australian jurisdictions, it was proposed that the
following template be as straightforward as possible
so as to maximise VIR efficiency. The use of concise
language, clear instruction and the absence of legal
terms or bureaucratic undertones are intended to
further facilitate the engagement of professionals
when completing these often lengthy reports (Wells
& Wendelborn, 2008).
First, professionals are advised to provide
introductory information to their clients as one would
within a clinical setting. In this way the competent
professional is likely to equate VIR arrangements to
clinical contracts and adhere to the guidelines of such.
For example, it is professionally unethical to deceive
clients and such conduct should take precedence
in VIR engagements also. Thus, before initiating the
Volume 36, No. 1. Page 10
November 2009
documentation process acting professionals need
to make their clients aware of the voluntary nature
of victim evidence, as well as its purpose, intended
use, confidentiality limitations and suppor ting
government agencies (e.g., Victims Support). Much of
this information can be accessed through local Citizen
Information Offices.
Formal Requirements
VI templates from other jurisdictions firstly ask for
the statement’s formal requirements. These include
an identification of the primary victim, the offender
and nature of the offence. The full name of the
individual submitting the report should be provided,
as well as the nature and duration of the relationship
between the victim and the victim’s representative.
Furthermore, the report should state that the victim
does not object to its use in court, although it may be
good practice to present this agreement in writing,
either by means of a signature or written account from
the victim, rather than simply stating such.
Personal harm
Following these formal requirements, the VIR should
include a description of any personal harm suffered by
the victim as a result of criminal activity. Australian law
defines personal harm as any physical, psychological,
financial or emotional suffering brought about by
offensive conduct. Pregnancy or the contraction of
a sexually transmitted disease may be considered
as harm if it resulted from a sexual crime (Crimes
Amendment Bill, 2006, Item 1, Subsection 2).
Suggestions for appropriate victim evidence are
included in the template below. Based on several
other VI templates, the proposed instrument divides
personal harm into three categories: the emotional,
physical and financial impact of the crime.
Emotional Impact
Any non-physical trauma, including behavioural and
cognitive changes, should be noted in this section.
Professionals may describe feelings their clients
have experienced as a result of the offence (e.g.,
shock, confusion, ambivalence, fear, grief, distress,
embarrassment, etc.). Similarly, they should report
upon any physio-psychological reactions brought
about by the crime (e.g., troubled sleep, disturbed
eating, low self-esteem, difficulty concentrating,
PTSD, etc.). The permanence and severity of these
reactions should be stated and any appropriate
evidence supporting such effects should be included.
For example, the results of psychometric measures
would provide sufficient evidence, such as the
Trauma Symptom Inventory (TSI; Briere, 1995) or
the Posttraumatic Stress Diagnostic Scale (PSD; Foa,
1995).
In addition, representatives may wish to
reflect upon how the offence has changed the victim’s
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life and report on such effects. How does the victim
now relate to others around them? Has the victim’s
social, professional or family life been restructured?
Has the victim suffered any emotional trauma due to
safety or security issues and had to move as a result?

Physical Impact
With regard to the physical aspect of a crime’s impact,
professionals should describe any physical trauma
their clients have suffered and the necessary medical
treatment these injuries required. Such treatment
can also include any dental, physio or occupational
treatment. The seriousness and permanence of these
injuries should be noted (Myers & Greene, 2004).
Moreover, professionals should describe how this
bodily harm has affected other aspects of their clients’
lives (e.g., ability to play sports, ability to work, run
a household or go to school etc.). If possible, attach
any medical reports verifying these injuries.

Financial Impact
With regard to financial suffering, professionals will
need to work in conjunction with their clients in order
to provide a list detailing expenses incurred since the
crime. It is appropriate to state how the crime has
affected the victim’s employment status and ability
to earn a living, or state an estimated value of lost
income due to annual leave or a general inability to
work. A letter from their employer confirming this
loss can be included. In addition, the report may
need to include a list of any property damage that
may have occurred, as well as any damage to the
victim’s personal belongings (Wells & Wendelborn,
2008). Fur thermore, the cost of any medical,
dental, psychological, prescripted medication or
physiotherapy bills etc. should be noted. Doctor
expenses, hospital stays and counselling bills can
also be included and, where possible, copies of bills,
receipts, estimates of value or any other appropriate
evidence to verify these costs should be attached. A
list of anticipated future costs should also be noted.
If accommodation, transport or safety measures
have been affected, their cost can be included here.
Insurance details covering these costs should also
be provided.
“...victims may wish to be
notified of any early release
dates or may request that the
offender does not contact
them after sentencing.”
Victims’ Wishes
The Texas jurisdiction asks victims to state any wishes
they may have pertaining to the offender’s post-
conviction status. For example, victims may wish to be
notified of any early release dates or may request that
the offender does not contact them after sentencing.
As a representative, your client should be given the
opportunity to voice such wishes, following which you
may need to include these details in the VIR. However,
Irish legislation does not confirm that a sentencing
court will consider such particulars.
Personal Opinions
Several jurisdictions now allow victim evidence to
include the victim’s personal opinion regarding
appropriate sentencing. However, there is little
evidence to suggest that this practice exists within
Irish courts. Due to a lack of current legislative
provision on the matter, it may be advisable to avoid
such opinions within VIRs.
Inappropriate Material
A VIR should avoid any detailed descriptions of the
crime. At sentencing, the court is already aware of
such details. It is advisable to avoid any vilification of
the offender as this is often viewed unfavourably by
the courts. Furthermore, the Department of Criminal
Justice, Virginia, recommends that a VIR should avoid
introducing new evidence. Such was the media frenzy
in the recent case of DPP vs. Wayne O’Donoghue in

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Table 1: Victim Impact Report content
Emotional Impact Physical Impact
Behavioural & cognitive changes Severity & permanence of symptoms
Emotional reactions Medical, dental, physio, occupational
Severity & permanence of physio- treatment
psychological symptoms Pregnancy & STI contraction
Security issues Lifestyle changes due to physical impact
Lifestyle changes incl. family / social
restructuring
Psychological therapy / psychometric
measures
which the introduction of unheard evidence during
victim evidence was deemed inappropriate. Victims
should be made aware that the listed particulars will
not appear in the VIR before documentation.
Recommendations for Alternatives
The above template pertains to a non-capital case
only and is not appropriate for use in capital cases
where the primary victim is deceased. Unfortunately,
the Criminal Justice Act of 1993, which allows the
provision of VI evidence in Irish courts, provides little
information regarding VI requirements in capital cases
(Criminal Justice Act, 1993, Section 5). If faced with
such requests, professionals may wish to provide a
report on the emotional and psychological sufferings
experienced by the family, with particular emphasis
on the additional grief and trauma the offence has
caused by bringing about the untimely death of their
loved one. Funeral costs may also be included in the
financial section of this VIR (Wells & Wendelborn,
2008).
Similar to capital cases, current legislation
with regard to the requirements of children submitting
VI evidence is lacking in this country. However, several
other jurisdictions modify their existing templates to fit
the cognitive needs of children, and professionals are
advised to use alternative methods of documentation
when working with children. For example, the South
Australian jurisdiction encourages the use of art and
poetry when providing a minor’s evidence. The use of
cartoon faces in order to describe a child’s emotions
is also a widely accepted practice. Professionals
are advised to present such documentation to a
sentencing court, in addition to their own VIRs, in
order to convey adequately the child’s emotional
reactions. Furthermore, professionals may feel the
need to report on parental emotions and how such
sentiments may affect the child’s life and overall family
structure.
Conclusion
The table above provides a brief summary of the
article’s recommendations for what constitutes
appropriate VIR material.
Volume 36, No. 1. Page 12
November 2009
Financial Impact
Employment status / lost income
Property damage
Treatment bills
Accommodation expenses
Transport / safety expenses
Based on existing VI templates from several
other legal jurisdictions, the authors wished to devise
similar parameters which could potentially be used
within an Irish context. Currently no such template
exists within the Irish legal milieu. Their lack might
deter some professionals from submitting a VIR
but, more importantly, might hinder the adequate
documenting of victims’ sufferings. Therefore, it
was deemed important that proficient guidelines
be constructed and made readily available, so as to
provide much needed information to professionals
submitting a VIR to an Irish court.
However, current legislation provision
regarding the official requirements of a VIR is lacking
in this country, making it difficult for the proposed
guidelines to be of full benefit to those who find
themselves in the VIR process. Several issues need to
be clarified with regard to VIR content so as to avoid
any inappropriateness within our courts. Furthermore,
only a general template has been proposed here and
it will need several modifications if it is to be used
within a wider legal context.
References
Briere, J. (1995). Trauma Symptom Inventor y
professional manual. Florida: Psychological
Assessment Resources.
Foa, E. B. (1995). Posttraumatic Stress Diagnostic Scale
manual. Minneapolis, MN: National Computer
Systems.
Guiry, R. (2006). Who is the victim? The use of victim
impact statements in murder and manslaughter
cases. Irish Criminal Law Journal, 2b, 16(3),
Myers, B., & Greene, E. (2004). The prejudicial nature
of victim impact statements: Implications for
capital sentencing policy. Psychology, Public Policy,
and Law, 10(4), 492–515.
Wells, R. C., & Wendelborn, F. (2008). Victim impact
statement models: Improving communications
between the Justice system and our nation’s crime
victims. Retrieved 10 December 2008 from http://
www.ojp.usdoj.gov/ovc/publications/infores/
impact/impact.htm